Overview

This Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports.Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace? The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area. This Research Handbook will be of interest to academics, judges and other practitioners looking for an in-depth study on the topic, offering both of detailed analysis of the current state of play, and a discussion of the challenges that arise on a global scale. Contributors include: F.M. Abbott, I. Calboli, V. Chiappetta, A.G. Chronopoulos, C.M. Correa, J.I. Correa, J. Drexl, S. Frankel, D.J. Gervais, S. Ghosh, C. Heath, R.M. Hilty, A. Katz, B. Kim, M. LaFrance, E. Lee, Y.J. Liebesman, K.-C. Liu, N.-L.W. Loon, S.M. Maniatis, K.E. Maskus, P.-E. Moyse, Y. Pai, A. Perzanowski, J.H. Reichmann, J.A. Rothchild, J. Schultz, C.M. Stothers, M. Trimble, M.S. Van Houweling, S.R. Wasserman Rajec, G. Westkamp, B. Wilson, C. Yin, X. Yu

Full Product Details

Author:   Irene Calboli ,  Edward Lee
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781783478705

ISBN 10:   1783478705
Pages:   584
Publication Date:   24 June 2016
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: PART I: THE THEORETICAL FRAMEWORK OF INTELLECTUAL PROPERTY EXHAUSTION 1. Incentives, Contracts, and Intellectual Property Exhaustion Shubha Ghosh 2. The Economic Rationale for Exhaustion: Distribution and Post-Sale Restraints Ariel Katz 3. Exhaustion and Personal Property Servitudes Molly Shaffer Van Houweling 4. Exhaustion in the Digital Age Reto M. Hilty PART II: INTELLECTUAL PROPERTY EXHAUSTION AND PARALLEL IMPORTS: THE INTERNATIONAL CONTEXT 5. International Intellectual Property Rules and Parallel Imports Susy Frankel and Daniel J. Gervais 6. Economic Perspectives on Exhaustion and Parallel Imports Keith E. Maskus 7. Working Toward International Harmony on Intellectual Property Exhaustion (and Substantive Law) Vincent Chiappetta 8. Parallel Trade in Pharmaceuticals: Trade Therapy for Market Distortions Frederick M. Abbott PART III: INTELLECTUAL PROPERTY EXHAUSTION AND PARALLEL IMPORTS: REGIONAL AND NATIONAL APPROACHES 9. The European Internal Market: Exhaustion Plus Christopher M. Stothers 10. The Exhaustion Doctrine in Singapore: Different Strokes for Different IP Folks Ng-Loy Wee Loon 11. Parallel Imports and the Principle of Exhaustion of Rights in Latin America Carlos M. Correa and Juan I. Correa 12. Exhaustion of Intellectual Property Rights and the Principle of Territoriality in the United States John A. Rothchild, PART IV: SELECTED ISSUES (AND CHALLENGES) ON PATENT EXHAUSTION 13. Patent Exhaustion and Free Transit at the Interface of Public Health and Innovation Policies: Lessons to be Learned from EU Competition-Law Practice Josef Drexl 14. Regulatory Responses to International Patent Exhaustion Sarah R. Wasserman Rajec 15. Patent Exhaustion Rules and Self-Replicating Technologies Christopher Heath 16. Development of Patent Exhaustion in Mainland China Xiang Yu and Conghui Yin 17. The Hermeneutics of the Patent Exhaustion Doctrine in India Yogesh Pai PART V: SELECTED ISSUES (AND CHALLENGES) ON TRADEMARK EXHAUSTION 18. Trademark Exhaustion and Its Interface With EU Competition Law Apostolos G. Chronopoulos and Spyros M. Maniatis 19. Trademark Exhaustion and Free Movement of Goods: A Comparative Analysis of the EU/EEA, NAFTA and ASEAN Irene Calboli 20. Using Trademark Law to Override Copyright's First Sale Rule for Imported Copies in the United States Mary LaFrance 21. New Developments on Trademark Exhaustion in Korea Byungil Kim 22. Trademark Exhaustion and the Internet of Resold Things Yvette Joy Liebesman and Benjamin Wilson PART VI: SELECTED ISSUES (AND CHALLENGES) ON COPYRIGHT EXHAUSTION 23. How Could Taiwan Copyright Act Follow the Patent and Trademark Regime and Adopt International Copyright Exhaustion? Kung-Chung Liu 24. The Marrakesh Treaty and the Targeted Uses of Copyright Exhaustion Marketa Trimble 25. From Importation to Digital Exhaustion: A Canadian Copyright Perspective Pierre-Emmanuel Moyse 26. Exhaustion and the Internet as a Distribution Channel: the Relationship Between Intellectual Property and European Law in Search of Clarification Guido Westkamp 27. Digital Copyright Exhaustion and Personal Property Aaron Perzanowski and Jason Schultz Index

Reviews

`Exhaustion of rights and parallel trade of goods protected by intellectual property are at the crossroad of international trade and exclusive rights. The contributions to this important volume ably interface the two legal concepts. Incorporating intellectual property in the WTO and preferential trade agreements is not without longer-term implications for today's decentralised doctrine of exhaustion of intellectual property rights. The book makes a significant contribution to the quest for a proper balance between freer trade and legitimate exclusivity of different forms of IPRs. It is essential reading for all interested in the state of the law on parallel trading in different jurisdictions and the prospects of future and shared developments in international law aiming at a proper balance conducive to welfare and prosperity.' -- Thomas Cottier, Professor Emeritus of Law, World Trade Institute, University of Bern, Switzerland `The concept of exhaustion of intellectual property rights has proved to be thorny and complex. Collectively the chapters of this Handbook offer the reader a systematic and in-depth treatment of the theoretical, jurisdictional and contextual complexities of the concept. Irene Calboli and Edward Lee have produced an editorial tour de force.' -- Peter Drahos, Professor, Australian National University; Chair in Intellectual Property, Queen Mary University of London `This book is a deep dive into the enigmatic role played by the doctrine of exhaustion. The volume offers a framework and a detailed examination of the impact of parallel imports within each of the regimes of copyright, patent, and trademark. It studies exhaustion from the perspective of large and small economies; developed, emerging, and developing countries; right holders, importers, and exporters; producers and consumers; economists and free traders. The collection offers a comprehensive entry into this difficult and contentious issue.' -- Rochelle Dreyfuss, Pauline Newman Professor of Law, New York University School of Law

`Exhaustion of rights and parallel trade of goods protected by intellectual property are at the crossroad of international trade and exclusive rights. The contributions to this important volume ably interface the two legal concepts. Incorporating intellectual property in the WTO and preferential trade agreements is not without longer-term implications for today's decentralised doctrine of exhaustion of intellectual property rights. The book makes a significant contribution to the quest for a proper balance between freer trade and legitimate exclusivity of different forms of IPRs. It is essential reading for all interested in the state of the law on parallel trading in different jurisdictions and the prospects of future and shared developments in international law aiming at a proper balance conducive to welfare and prosperity.' -- Thomas Cottier, Professor Emeritus of Law, World Trade Institute, University of Bern, Switzerland `The concept of exhaustion of intellectual property rights has proved to be thorny and complex. Collectively the chapters of this Handbook offer the reader a systematic and in-depth treatment of the theoretical, jurisdictional and contextual complexities of the concept. Irene Calboli and Edward Lee have produced an editorial tour de force.' -- Peter Drahos, Professor, Australian National University; Chair in Intellectual Property, Queen Mary University of London `This book is a deep dive into the enigmatic role played by the doctrine of exhaustion. The volume offers a framework and a detailed examination of the impact of parallel imports within each of the regimes of copyright, patent, and trademark. It studies exhaustion from the perspective of large and small economies; developed, emerging, and developing countries; right holders, importers, and exporters; producers and consumers; economists and free traders. The collection offers a comprehensive entry into this difficult and contentious issue.' -- Rochelle Dreyfuss, Pauline Newman Professor of Law, New York University School of Law `To sum up: this research handbook is outstanding; not only is it well structured, but also greatly benefits from the collaboration of more than 30 internationally renowned specialists. Still, the book has significant room for development in future editions, for example by adding further chapters on newly emerging topics as well as by introducing the opinion of other regions/countries on the issues covered by this edition.' -- Journal of Intellectual Property Law and Practice

'Exhaustion of rights and parallel trade of goods protected by intellectual property are at the crossroad of international trade and exclusive rights. The contributions to this important volume ably interface the two legal concepts. Incorporating intellectual property in the WTO and preferential trade agreements is not without longer-term implications for today's decentralised doctrine of exhaustion of intellectual property rights. The book makes a significant contribution to the quest for a proper balance between freer trade and legitimate exclusivity of different forms of IPRs. It is essential reading for all interested in the state of the law on parallel trading in different jurisdictions and the prospects of future and shared developments in international law aiming at a proper balance conducive to welfare and prosperity.' -- Thomas Cottier, Professor Emeritus of Law, World Trade Institute, University of Bern, Switzerland 'The concept of exhaustion of intellectual property rights has proved to be thorny and complex. Collectively the chapters of this Handbook offer the reader a systematic and in-depth treatment of the theoretical, jurisdictional and contextual complexities of the concept. Irene Calboli and Edward Lee have produced an editorial tour de force.' -- Peter Drahos, Professor, Australian National University; Chair in Intellectual Property, Queen Mary University of London 'This book is a deep dive into the enigmatic role played by the doctrine of exhaustion. The volume offers a framework and a detailed examination of the impact of parallel imports within each of the regimes of copyright, patent, and trademark. It studies exhaustion from the perspective of large and small economies; developed, emerging, and developing countries; right holders, importers, and exporters; producers and consumers; economists and free traders. The collection offers a comprehensive entry into this difficult and contentious issue.' -- Rochelle Dreyfuss, Pauline Newman Professor of Law, New York University School of Law

Author Information

Edited by Irene Calboli, Regents Professor of Law, Texas A&M University School of Law, USA and Academic Fellow, University of Geneva, Switzerland and Edward Lee, Professor of Law and Director, Program in Intellectual Property Law, Illinois Institute of Technology, Chicago-Kent College of Law, US

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